Code C- Relevant Time Flashcards
Q: What is the relevant time?
It is the time from which the limits on detention are calculated or in other words the relevant time is the time at which the basic 24-hour PACE detention clock begins. You have 24 hours from the relevant time to question your suspect.
When your 24 hours is up, you must either charge him or let him go.
Q: What section deals with the relevant time?
It is dealt with by s41 PACE.
(1) A person shall not be kept in police detention for more than 24 hours without being charged
UNLESS their detention beyond that period has been authorised by a Superintendent under s42 or by a Magistrate’s Court under s43 and 44.
Q: Does PACE favour the detainee or police?
PACE makes the relevant time the earliest time it could reasonably be! It is in favour of the detainee.
Q: What are the relevant times?
For most people, the relevant time will be the time when they arrive at the police station. You have 24 hours from that time and then you must charge or release.
Q: Someone who attends police station voluntarily without being arrested or answers street bail?
1: For a person who attends voluntarily at a police station or accompanies a constable to a police station without having been arrested and is arrested at the police station. The relevant time is 24 hours after the time of his arrest.
2: If a person attends a police station in answer to street bail, it is the time they arrive at the station.
Q: Suspect arrives under arrest at station?
3: When a suspect arrives under arrest at a police station in their own force area, the clock starts ticking for their 24-hour detention from the moment they arrive at the station or 24 hours after the time of their arrest. Whichever is earlier.
Q: Suspect arrested outside England and Wales?
4: Where a suspect is arrested outside England and Wales. 2 options from the time they enter England and Wales
(a) The time that they at arrive at the first police station in the force area, where the offence is being investigated; or
(b) 24 hours after the time of entry into England and Wales.
WHICHEVER IS EARLIER
Q: Suspect arrested in England and Wales but outside force area that wants him?
5: When a suspect is arrested in England and Wales but outside the force area that wants him. 2 options are
(a) If he is arrested in one force area, but not questioned about the offence in that area, his relevant time starts at the time when he arrives at the first police station in the force area that wants him; or
(b) 24 hours after his arrest.
Q: What if a suspect is wanted by more than one force area?
Starts from when the suspect leaves the first force area. His relevant time starts 24 hours later, unless he arrives earlier then it will start then.
Q: What happens if there is an element of hospital treatment?
When someone is on their way to hospital, at hospital or on their way back from hospital, so long as they are not questioned the clock stops! It begins again when they arrive back at the police station.
Q: What is included in England and Wales.
Isle of Mann and Channel Islands are outside.
Isle of White is inside.
